O V SHANTHAKUMARI Vs. KOKILA

JUDGEMENT

(1.) QUESTION, which has come up for decision by us, the Full Bench, by Reference Order dated 6-9-1990 of a Division Bench made under Section 7 of the Karnataka High Court Act, 1961, Is the following:

(2.) The decision in Khatujabee's case is that of a Division Bench of this Court rendered in an appeal where the award made by a Motor Accidents Claims Tribunal ("the Tribunal") in a fatal accident's action, had been questioned as awarding excessive compensation. Fatal accident's action before the Tribunal related to the death in a motor accident of Kashimsab, a Blacksmith, aged 40 years. The Tribunal awarded a sum of Rs. 2,70,000/- as compensation under the Head 'Loss of dependency' in that action. How that sum was awarded as compensation under the Head 'loss of dependency' needs mention - wages earned per day by the deceased in his job as a Blacksmith was taken as Rs. 30/-; out of Rs. 30/- a sum of Rs. 5/- was deducted towards deceased's personal expenses per day and the balance of Rs. 25/- was regarded as deceased's contribution towards maintenance of his dependants; 'loss of dependency' of the dependants of the deceased per year was consequently found as Rs. 9,000/-; that sum of Rs. 9,000/-was capitalised by multiplier '30' to arrive at the figure of Rs. 2,70,000/- which became awardable under the Head 'loss of dependency'. In other words, 30 was taken as the multiplier to capitalise the annual loss of dependency of the deceased's dependants for arriving at the figure of Rs. 2,70,000/- as the total loss of dependency. That award of compensation was confirmed in appeal by deducting 20% towards life's uncertainties, out of the amount of 'loss of dependency'.

(3.) Main contention raised in the said appeal since related to the making of the award by the Tribunal following the decision of this Court in BHANDARY'S ILR1985 KAR 2337 case even though that was the decision which was being followed by the Motor Accidents Claims Tribunals all over the State and this Court in making awards in fatal accident's actions, the question which came up for consideration by the Division Bench was the following: